Electronic Records
Electronic records refer to any data, document, or information generated, sent, received, or stored in digital form. Under the Indian Evidence Act, 1872, the concept of electronic records is recognized through amendments incorporated to accommodate modern technology. Section 65A and 65B of the Evidence Act provide the legal framework for the admissibility of electronic records in court. Section 65A deals with the admissibility of electronic records, while Section 65B specifies the conditions under which electronic evidence is deemed authentic and reliable. These provisions ensure that electronic records—like emails, digital contracts, bank statements, SMS, social media messages, and server logs—can be used as evidence in legal proceedings, provided they comply with prescribed conditions.
To be admissible, electronic records must satisfy certain criteria: the record must be produced from a computer, computer system, or computer network, the computer must have been regularly used for storing or processing information, and the information must be retrieved in a manner that ensures integrity. Additionally, an accompanying certificate as per Section 65B(4) must attest to the authenticity of the record, specifying details such as the device used, the purpose of storage, and the person responsible for its generation. This framework ensures that electronic evidence is both reliable and tamper-proof, bridging the gap between traditional paper-based evidence and modern digital data.
Courts treat electronic records with the same evidentiary value as traditional documents once the conditions of Section 65B are satisfied. Failure to comply with Section 65B may lead to exclusion of the evidence, even if the record itself is genuine. Judicial precedents, such as Anvar P.V. v. P.K. Basheer (2014), emphasize strict adherence to Section 65B for admissibility, highlighting that authenticity cannot be assumed merely because a digital record exists. This ensures fairness, reliability, and accountability in the use of electronic evidence in both civil and criminal cases.
Real-Time Example
Suppose a cyber fraud case involves a transaction conducted via an online banking portal. The prosecution submits digital bank statements, email confirmations, and server logs as evidence. To ensure admissibility, the statements are accompanied by a certificate under Section 65B(4), confirming that the records were generated and maintained in the ordinary course of business, and no tampering occurred. Courts rely on this certified electronic evidence to establish the transfer of funds, even though no physical documents exist. This demonstrates how electronic records are integral to modern litigation.
Mnemonic to Remember
Mnemonic: “D-I-G-I-T-A-L”
- D – Data: Any information stored digitally.
- I – Integrity: Must be reliable and untampered.
- G – Generated by Computer: From system, network, or device.
- I – Information Certainty: Accompanied by Section 65B certificate.
- T – Timely Retrieval: Stored and retrieved properly.
- A – Admissible Evidence: Courts accept if conditions met.
- L – Legal Recognition: Governed under Sections 65A & 65B Evidence Act.
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